Rana v The University of Adelaide

[2013] SASC 109

SUPREME COURT OF SOUTH AUSTRALIA

(Civil)

RANA v THE UNIVERSITY OF ADELAIDE

[2013] SASC 109

Decision of The Honourable Justice Vanstone

5 July 2013

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

Referral by Registrar of a document submitted for filing to a judge for direction pursuant to r 53 of the Supreme Court Rules 2006.

Held:  Registrar directed to reject the document.

Supreme Court Civil Rules 2006 (SA) r 53, referred to.

RANA v THE UNIVERSITY OF ADELAIDE
[2013] SASC 109

Civil

1. VANSTONE J:     The Senior Deputy Registrar has referred to me a document purporting to be a Notice of Appeal, which was submitted for filing at the Registry, but which has not, at this stage, been accepted.  The reference to me is made pursuant to r 53 of the Supreme Court Civil Rules 2006 (SA).  The proposed Notice of Appeal refers to a decision of a judge of this Court made on 7 June 2013.

2. The question which arises under r 53 is whether the Notice of Appeal is an abuse of the process of this Court and should be rejected.  Rule 53(1) provides that a document is an abuse of process “if it contains matter that is scandalous, frivolous or vexatious”.

3. The proposed grounds of appeal are two in number, each containing what are said to be particulars.  Both grounds contain assertions of fact which are outside the scope of the judgment;  some of the assertions are scandalous, others have no relevance to the judgment under appeal.  The grounds are not directed to the orders made by the judge, or to the essential reasoning underlying the orders.

4. In my view the document falls to be rejected as an abuse of the process of the Court.

5. Accordingly, I shall direct the Registrar to reject the document.  A copy of these remarks may be provided to Mr Rana.